COUR PERMANENTE D'ARBITRAGE
PERMANENT COURT OF ARBITRATION
IN THE MATTER OF AN ARBITRATION BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH
THE AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE CABINET OF MINISTERS OF UKRAINE ON THE ENCOURAGEMENT AND MUTUAL PROTECTION OF INVESTMENTS DATED 27 NOVEMBER 1998
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THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW, 1976
PCA CASE NO. 2015-21
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JSC CB PRIVATBANK
The Claimant
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THE RUSSIAN FEDERATION
The Respondent
The Arbitral Tribunal
Professor Pierre-Marie Dupuy (Presiding Arbitrator)
Sir Daniel Bethlehem QC
Dr. Václav Mikulka
Registry
Permanent Court of Arbitration
29 July 2021
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1.1 [Redacted]
1.2 By letter of 20 July 2021, the Tribunal invited the Respondent to submit any comments it may have on the Claimant’s Extension Request by Tuesday, 27 July 2021.
1.3 [Redacted]
1.4 [Redacted]
2.1 Having considered the Parties’ correspondence, the Tribunal considers that a minimum of two months between the conclusion of the written phase and the start of the hearing constitutes a fair and reasonable period for the Parties’ preparation for the hearing. The Tribunal could not, therefore, grant the full extension requested by the Claimant without vacating the current hearing dates, which the Claimant has opposed and which may entail a significant delay, likely until the latter part of 2022, taking into account the Tribunal’s current availability.
2.2 Accordingly, the Tribunal has decided to grant the Claimant an extension to file its Reply on Quantum until 12 August 2021, and the Respondent a commensurate extension to file its Rejoinder on Quantum until 17 November 2021. The Tribunal considers that these extensions will allow the hearing on quantum to proceed as scheduled from 17-21 January 2022.
2.3 The Tribunal accordingly adopts the following revised procedural calendar:
| Deadline | Party | Submission/Event | Time Period |
|---|---|---|---|
| 12 August 2021 | Claimant | Reply on Quantum (including the Illegality Objection) | 90 days from the Respondent on Quantum (per Procedural Order No. 8) + 45 days to account for document production + 7 days extension |
| 17 November 2021 | Respondent | Rejoinder on Quantum (including the Illegality Objection) | 90 days (per Procedural Order No. 8) + 7 days extension |
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| 17-21 January 2022 | All | Hearing |
2.4 Paragraph 3.9 of Procedural Order No. 1 provides:
To avoid future conflicts of interest after the appointment of members of the Tribunal, any proposed additions to or changes in the representatives of the Parties shall be communicated to the Tribunal and shall only take effect if the Tribunal does not object for reasons of conflict of interest.
2.5 In accordance with Paragraph 3.9 of Procedural Order No. 1, the Tribunal hereby confirms that it does not object to the change in the Respondent’s duly-appointed representative. Each member of the Tribunal confirms that he remains impartial and independent of the Parties, and that he has disclosed, to the best of his knowledge, all circumstances likely to give rise to justifiable doubts as to his impartiality or independence and that he will promptly disclose any such circumstances that may arise in the future.
2.6 Accordingly, as of today and as requested by the Respondent, any future correspondence in this matter addressed to it shall be sent to the following addresses:
Mr. Mikhail Vinogradov
Director General
General Department of International Legal Cooperation
Prosecutor General’s Office of the Russian Federation
Bolshaya Dmitrovka, 15a GSP-3
125993 Moscow
Russian Federation
Phone: [Redacted]
E-mail: [Redacted]
Mr. Andrey Kondakov
Mr. Sergey Morozov
Mr. Konstantin Ksenofontov
International Centre for Legal Protection
Krasnopresnenskaya Nab. 12
123610 Moscow
Russian Federation
Phone: [Redacted]
E-mail: [Redacted]
Mr. Dirk Knottenbelt
Mr. Glenn Hoek
Mr. Remme Verkerk
Mr. Matthew Brown
Ms. Patricia Peijer
Mr. Daniel Agranovich
Ms. Caroline Deves
Ms. Denise Jansen
Houthoff
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Weena 355
3013AL Rotterdam
The Netherlands
Tel: [Redacted]
Fax: [Redacted]
E-mail: [Redacted]
[Redacted]
[Redacted]
[Redacted]
[Redacted]
2.7 Paragraph 1 of Procedural Order No. 1 is amended accordingly.
Date: 29 July 2021
Place of Arbitration: The Hague, the Netherlands
Signature
On behalf of the Tribunal
Professor Pierre-Marie Dupuy
(Presiding Arbitrator)